H.F. 2040 Section 1. Section 229.19, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6. An advocate shall have exclusive 3 control over the performance of the advocate’s duties under 4 this section, if not inconsistent with the requirements of this 5 section, the related guidelines and best practices for the 6 performance of the advocate’s duties developed and promulgated 7 by the judicial council, and rules adopted by the state mental 8 health and disability services commission. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 Under Code section 229.19, a mental health advocate is 13 appointed by a county board of supervisors and assigned to a 14 person who is involuntarily committed due to a serious mental 15 illness. The advocate’s duties include assisting the person in 16 understanding the commitment process, safeguarding the rights 17 of the person, communicating with medical personnel treating 18 the person, and reviewing the person’s medical records. 19 This bill provides that a mental health advocate shall 20 have exclusive control over the performance of the advocate’s 21 duties under Code section 229.19, if not inconsistent with the 22 requirements of that Code section, the related guidelines and 23 best practices for the performance of the advocate’s duties 24 developed and promulgated by the judicial council, and rules 25 adopted by the state mental health and disability services 26 commission. 27 -1- LSB 5005YH (5) 86 rh/rj 1/ 1